Real estate litigation

Key Contacts

Our real estate litigators offer clear, succinct and commercial advice on complicated and technical real estate disputes. We work hand in hand with our real estate colleagues, ensuring that once disputes have been resolved they are accurately documented at the earliest opportunity. We are intrinsic to the process of property management.

We astutely assess the strengths and weaknesses of our clients’ cases and advise on how best to resolve them, whether by way of a negotiated settlement or a formal procedure, such as mediation or adjudication. Where disputes are not resolved we are experienced litigators, experts in court procedures and proud of our successful impressive track record.

When you instruct us to handle your real estate disputes you can be confident we will get the best result possible with a transparent fee structure.

We work with many clients from a range of sectors and industries on their disputes. These include:

Landlord and tenant work – the full range of contentious portfolio management work such as forfeiture, lease renewals, rent review disputes, lease exits, dilapidations, recovery of possession and enforcement of covenants, the service of notices and in particular the operation of break options

Our real estate litigators work closely with all the firm’s retail and real estate clients providing assistance with any dispute work encountered in the course of portfolio management including rent review determinations, break clause issues, covenant enforcement, dilapidations, lease renewals and any dispute resolution issues arising from the landlord and tenant relationship.

Aldermore Bank plc-v- Nassir Rana [2015] EWCA Civ.1210. We acted for this high net worth individual in successfully defending a case brought by the bank in relation to a multi-million pound re-mortgage involving issues relating to agency, trust and how and when a mortgage transaction is completed. The case was successfully defended up to the Court of Appeal and is reported. Alexander Hill-Smith of New Square Chambers was instructed by the team.

R (on the application of The Midcounties Cooperative Limited) v Wyre Forest District Council (1) and Tesco Stores Ltd (2) [2010] EWCA Civ 841 – challenging the right of a retailer to build a superstore on the outskirts of an historic town

Nurdin and Peacock Plc v DD Ramsden & Co [1999] All England (D) 112 – overpayments of rent made in the mistaken belief that they were due and owing could be recovered as money paid by mistake, whether the mistake was one of fact or law

National Grid Company Plc v M25 Group Limited [1998] All England Reports (D) 791 – the rent review and third party determination provisions in a lease did not confer on an expert the exclusive power to construe it

Blockbuster Entertainment Ltd v Leakcliff Properties Ltd [1997]1 EGLR 28 – we successfully represented the Claimant tenant in this expedited action by the tenant of commercial premises for a declaration that consent to a sub-letting had been unreasonably withheld

Forfeiture or the “right of re-entry” is a landlord’s right to end a lease in the event of a breach by the tenant. This note provides an overview of how and when the right arises in commercial leases, the procedure to be followed, relief available to the tenant and...

The Supreme Court recently handed down its decision in S Franses Limited -v- The Cavendish Hotel (London) Limited (2018). In this much anticipated Judgment, the Supreme Court determined that a landlord cannot oppose a renewal of a tenant’s lease pursuant to the Landlord and Tenant Act 1954 (“the 1954...

If a company goes into liquidation, the liquidator is able to disclaim the whole of an insolvent tenant’s liability under a lease. The disclaimer ends all of the tenant’s rights, interests and liabilities, effectively meaning that the tenant can get out of the lease early. This can have a...

Commercial contracts impose obligations on the parties to them as well as rights. Where the parties have complete control over performance of obligations (for example, obligations to make payments or not to carry out specified acts), it is appropriate that the obligations are absolute (eg “the buyer will pay...

With the recent publication of the 2019 edition of Chambers UK, we are proud to announce that our Real Estate Team is once again ranked in Band 1 for Thames Valley. The team is described as “very good – both timely and accurate”, a “very good outfit with lawyers...

BrookStreet des Roches Seminar
After its success at the Oxford RICS Regional Conference, Jamie Barton and Simeon Fenn will be repeating their seminar guiding you through the pertinent issues for short term commercial leases. Aimed at property professionals, including surveyors, investors, landlords and occupiers, this seminar will cover the following...

For landlords of commercial premises, one of their main concerns is making sure that the tenant pays all sums due under the lease. Unfortunately, this doesn’t always happen, so what are the options for recovering unpaid rent? Simeon Fenn from our real estate litigation team’s note summarises the different...

Owners of commercial property often want to allow someone into occupation without the time and expense of negotiating a lease. There is a tendency in these situations to just allow the occupation on an informal basis, not involving lawyers or thinking too much about the nature of the occupation....

A “covenant” is simply a promise made in a deed. Land may be burdened by covenants which affect its use in some way or may have the benefit of covenants which give the owner some control over what is done on neighbouring properties. Covenants can therefore be very important...

For landlords of commercial premises, one of their main concerns is making sure that the tenant pays all sums due under the lease. Unfortunately, this doesn’t always happen, so what are the options for recovering unpaid rent? Simeon Fenn from our real estate litigation team's note summarises the different...

Most tenants will, at some point during the term of their lease, wish to make changes to their property. These may be anything from tenant’s fit out at the start of the lease, to very minor changes during the term, to substantial alterations and renovation works. Commercial leases will...

Oxfordshire-based commercial law practice, BrookStreet des Roches LLP, is delighted to announce the appointment of Philip Shaw as Managing Partner as of 1 April 2018. Philip succeeds Hugh Blaza who has held the position since 2008.
Philip, who previously led the firm’s dispute resolution team, brings with him 25 years...

We’re immensely proud of our client relationships. We strive to be a welcome and constant companion throughout their journeys.

Many of our clients have been with us for a long time: some since the firm began. We help them navigate matters to achieve the right outcome and we stay with them until everything has been resolved. By securing and protecting our clients’ interests, we give them the confidence and freedom to focus on their core business.

Our clients operate in different industries and sectors, but most of them have serious real estate interests, whether in the form of property in the traditional sense or other types of physical infrastructure.